Advocate Sandeep Kumar

Questions Answered by Advocate Sandeep Kumar

Q: My Wife wants a separate home and she wants to leave me not divorcing.

HiI am living with my wife along with my parents and two unmarried sister and younger brother i am the only bread earner, i dont have sufficient money so that I can live separately with my wife and take care my parents as well. My wife is planning to leave me not divorcing untill i get a separate home. I suspect after leaving me she can go to court and raise false allegation like dowry act or something else My question is, is there any way before she leaving i take her consent over an affidavit and give all her jewellery and saying I am she is not have any problem with me accept she want a separate home. Please help

Advocate Sandeep Kumar answered
you can but there are meagre chances of her doing it. there is no way to prevent a person from instituting a criminal case against you. you can only prepare your defence well in advance. such affidavit would be such piece of evidence to your help subject to how well it's drafted and executed. try to speak to her and her family and try to settle amicably...and also try to give her some personal space as her demand is also not fully unjustified. for legal help contact Lawyer Mitra.

Q: Want to file divorce. plz help me to get this as soon as possible.

I want to file divorce. How much time to get divorce and what are the charges. And what about property and husband's income.

Advocate Sandeep Kumar answered
You need to specify whether by mutual consent (or by prolonged legal battle)How old is the marriageWhether you have any justifiable reasons to seek divorce, etc.if you want information about it you can contact us RegardsLawyer Mitra

Q: after filing divorce husband can do sexual intercourse with wife?

A husband filed a divorce petition in December 2016 while they were living in a same house. As wife received summons husband said that he filed this petition mistakenly for his parents satisfaction and he will withdraw it after that husband and wife were living in a same house happily and wife gave birth a girl child from his husband in 2018. Husband and his family was not happy with this second girl child and now from September 2021 husband said to his wife he is going out side for his business and now he is not coming back his home in which his wife and children living and living in a separate owned house and not giving any money to wife and children. In January 2022 wife again received a summon in that past petition of 2016 in which husband promised him to withdraw but did not withdraw. I want to know that whether this petition of 2016 is maintainable or not and what should I do?

Advocate Sandeep Kumar answered
you must appear in the divorce proceedings and plead before the court the non maintainablity of the case on the ground of continuation of conjugal relationship between the husband and wife even after filing the divorce petition. you seem to have plenty of evidence to prove this fact. simultaneously file a section 125 crpc for maintenance of wife and children. you can also file section 24 HMA in the divorce proceedings first after receiving litigation expenses/ maintenance and than file non maintainablity in divorce case.Advocate Ritu Rawatteam lawyer mitra

Q: Filing of domestic violence case against husband

Whether domestic violence case can be filed from parental place situated in a state different from the matrimonial place situated in other state

Advocate Sandeep Kumar answered
According to sec 27 of Dv Act you may file the case from parental place. The court of Judicial Magistrate of the first class or the Metropolitan Magistrate, as the case may be, within the local limits of which-(a) the person aggrieved permanently or temporarily resides or carries on business or is employed; or(b) the respondent resides or carries on business or is employed; or(c) the cause of action has arisen,shall be the competent court to grant a protection order and other orders under this Act and to try offences under this Act.(2) Any order made this Act shall be enforceable throughout India.

Q: Mera first motion aur second motion complt hogya h aur jugmnt ki date

Mera first motion aur second motion complt hogya h aur jugmnt ki date h ,aur ladki jugmnt pr ab nhi aarahi h humne do teen bar date badhwa b li but ladki nhi ari bolti h na sath rhugi na talak dugi parshan krugi toh high court m jaye toh waha se kuch ho skta h kya sir,humri naa hi koi len den h na hi baby na,allhabad high court m appeal krne se divorce hoga kya

Advocate Sandeep Kumar answered
Agar first motion and second motion complete ho gya hai fir date lene ki zarurat nhi hai aap court se apna order pass kra skte hai order pass hone k baad ladki ko koi objection hoga toh vo appeal mein jaa skti hai.